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What to do if your mortgage lender starts court action

How to deal with court forms

The court sends you forms about:

  • your court hearing

  • making a case to keep your home

  • how much you owe in mortgage payments

Keep forms and letters from the court and your lender together in a file.

Which form has your court hearing details

Claim form N5 has the date, time and place for your court hearing.

Your hearing is usually 1 to 2 months after you get your claim form.

Check your mortgage details are right

Form N120 has details about your mortgage and your missed payments.

These details are called ‘particulars of claim.’

Make notes if any of the details are wrong.

For example:

  • the number of payments you’ve missed

  • the amount you owe on your mortgage

Your defence form

Use defence form N11M to tell the court:

  • how you can repay your arrears

  • if you disagree with anything the lender has said

  • your income, benefits, regular spending and priority debts

Use box 27 on the form to explain any events that caused your mortgage arrears.

For example:

  • divorce or separation

  • redundancy

  • bereavement

  • illness

  • bankruptcy

A legal adviser or solicitor can help you with your defence form.

They can also tell you:

  • if your lender missed steps that lenders should take

  • if you can ask the judge to change your mortgage with a 'time order,' for example, if they can give you longer to pay your mortgage

Return the defence form to the court within 2 weeks if you can.

Go to the hearing even if you have not sent your defence form back.

Last updated: 15 September 2025